The judge is clearly just planning to rule based on his poltical sympathies instead of the law and I have no doubts Ethan will win on appeal.
Assuming the tentative ruling goes through, I stand by my prior statements that it will probably result in a non-precedential Ninth Circuit affirmance. Although the rise of the internet/westlaw/etc have blurred the lines between precedential published opinions and nonprecedential, the concept still holds.
Only
8% of Ninth Circuit opinions are precedential. And only
~13% of federal civil appeals result in reversal. (And not every bad ruling gets appealed because of the cost barrier!)
What this results in is an appellate system that *doesn't have to care about getting things right*. And that largely *just adopts whatever the lower court ruled*
They choose which cases to publish and make precedential. So appellate courts can shrug and say to themselves "meh, maybe we didn't get this one right, so lets not officially publish it and leave it non-precedential".
People expecting the Ninth Circuit to save Ethan are coping. The Ninth Circuit can *affirm* this ruling with no true precedential value. (Future cases can and will cite it, but a district could judge would not be bound to follow it -- and certainly won't, for everyone's NFL/Disney hypotheticals)
Appellate courts in the U.S. are essentially like gambling. You have no idea what you are going to get, but you sink a chunk of change into that 10% hope.
(and it backfired on his retarded ass, since he tried to make his lawsuit a platform for his jewish hysterics even if it is completely irrelevant. He also brought up hasan everywhere in a copyright lawsuit lmfao)
This is correct. Ethan's political sperg in his complaint was entirely self-destructive. How many pages were wasted on things irrelevant to infringement and instead solely there to stroke Ethan's ego?
While I disagree, legally, that it should have any bearing on the fair use analysis, it clearly influenced the Judge's tendencies. Complaints often are cluttered with irrelevant allegations but it is clear that here Ethan dug his own grave. It was unnecessary, distracting, and only served to hurt his legal case, if anything, by showing Ethan cared more about
what Denims said than her actual infringement.
One should never discount a judge's openness to being legally wrong but, in the judge's view, morally correct (e.g. protecting the less-monied party from vexatious litigation). It happens often, and as discussed above, reversals are rare, and so it often ends just as that.
Also his lawyer was dogshit lol
This is also correct. Rom Bar Nissim is not a particularly good attorney. He clearly is not competent at navigating federal cases to completion with thoughtfulness and expertise.
Rom's background is he graduated from USC Law, which today places grads reasonably well, but was not worth talking about when he graduated back in 2013, as the legal market has changed tremendously in the last decade. Although 2013 was a tough time to graduate from law school -- the market was down -- this dude's first job out of law school was working for just
two months at the "Law Offices of Doug Levinson" before fleeing back to USC to do some kind of stipend based gig as a research assistant. He then: spent two months at a small firm "Bostwick Law"; four months at some TV station (potentially limited contract work); a half year unemployed; five months at another small law shop "Freundlich law" before landing a long-ish term position as an associate at
a low-ranked biglaw firm in a satellite office; and then going back to small law before opening his own shop.
To be clear, it was *when Rom was at the (albeit low ranked) biglaw firm* that Ethan won his fair use case against Matt Hoss. I went and looked it up on PACER just now, other attorneys assisting Rom with the matter at the time include now-retired but
former equity-partner and Fox Rothschild co-chair of Media, Defamation and Privacy Law Jeffrey Kravitz and another attorney Caroline Morgan,
who seems to be doing just fine for herself.
In this case, Rom fucked up filings and exhibits. He was not sharp during the subpoena hearing, even though the judge still ruled in his favor. And while he probably can out-Fox
(pun slightly intended from his former firm) Leah Vulic (
never went to law school), it's clear he wasn't ready to appropriately advise Ethan to not sperg in his complaint, and lost on the papers against Frost (
which is a reasonably decent mid-law shop in LA for what it is worth).
Is Rom as bad as, Ron Coleman? Lol probably not, even if Ron has a more pedigreed history of working for actual firms, his greatest fault is thinking he can wing shit and put minimal effort in. On the other hand, Rom seems to have tried his best, but his best was not enough. I will have to watch how
his AI copyright cases go against big tech. But there
can be a lot of money in getting big companies to settle class actions for shit they don't want to deal with.